Adoption Assistance for Infants Under the Age of Two Prior to June 30, 2024

An Eligibility Issue

Policy Issue: Applying for Adoption Assistance Again After an Initial Denial of Eligibility

Scenario

The Smiths are adopting an infant who has identified developmental problems and is considered to be a special needs child. The Smiths apply for Title IV-E Adoption Assistance, but are denied because the agency determined that she did not meet the AFDC “Look Back” requirement. For a detailed description of the AFDC “Look Back” requirements, see “Adoption Assistance for Children Under the Age of 2,” posted February 8, 2024.

The AFDC “Look Back” requirement only applies to infants who will not reach the age of two before the end of the current Federal Fiscal Year (September 30). The requirement is scheduled to terminate altogether on June 30, 2024.

Policy Question

May the Smiths apply for adoption assistance again after June 30, if they delay finalization of the child’s adoption until after that date? If the AFDC “Look Back” requirement was the only obstacle to eligibility, should the child be determined eligible for adoption assistance?

Yes, as long as the adoption has not been finalized. Let us suppose a child was determined to be ineligible for adoption assistance on the grounds that he had no special needs condition. Prior to finalization, however, further documentation and testing confirmed the child was experiencing developmental delays. Could the child now qualify for adoption assistance on the basis of an identified special needs condition? The answer is yes, if all of the other eligibility requirements are met.

There are no provisions in federal of state law that would prevent a child becoming eligible for adoption assistance if new information came to light that confirmed that the initial denial of eligibility was incorrect.

NOTE: It is also possible for adoptive parents to apply for Title IV-E Adoption Assistance after finalization if they were not properly informed about the adoption assistance program or the child’s medical and family history. Applying for adoption assistance after finalization, however, involves more steps, however, and deserves separate treatment. The above scenario came to me as an actual policy question from a reader. In that case, applying for adoption assistance again prior to finalization was important.